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HomeMy WebLinkAbout2023-01-09 SB-min Select Board Meeting January 9, 2023 A meeting of the Lexington Select Board was called to order at 6:31 p.m. on Monday January 9, 2023, in the Select Board Meeting Room of the Town Office Building. Hybrid participation was offered as well via the Zoom meeting platform. Ms. Hai, Chair; Mr. Lucente; Vice Chair, Mr. Pato, Ms. Barry, and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. EXECUTIVE SESSION 1. Exemption 3: Discuss Strategy with Respect to Collective Bargaining - Lexington Crossing Guards Ms. Barry recused herself from the Executive Session. Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 at 6:34 p.m. that the Board go into Executive Session under Exemption 3 to Discuss Strategy with Respect to Collective Bargaining. Further, Ms. Hai declared that an open meeting discussion on this item may have a detrimental effect on the bargaining position of the Town. The Select Board reconvened to open session at 6:40 pm. Ms. Barry rejoined the regular meeting. PUBLIC COMMENTS Avon Lewis, President of the Lexington Education Association (LEA), stated that this is the largest union in Town, educating approximately 7,000 diverse students, all of whom had a chunk of their formative years profoundly impacted by COVID-19. He expressed concerns that the Lexington public schools do not have the resources needed to support students through this time. He urged the Board to reconsider how it is allocating the Town's revenues to ensure that the schools have the funding needed for every Lexington student to get the education s/he deserves. Janet West, 12 Carriage Drive, stated that she has a child in eighth grade at Diamond Middle School and she teaches math at Lexington High School. She is concerned that saving for a future high school is weakening the school system now. She reminded the Board that quality education depends on the people in the building, as much as physical building itself. Currently, the untenable workload that educators are facing is contributing to attrition and burnout. Jessica Antoline, Teacher Lexington High School, stated that she feels the district’s students are in crisis, and she is concerned that the Select Board and members of the community may not understand the severity of this crisis. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports Ms. Hai stated noted that this morning's Boston Globe carried an obituary for John Packard, who was a lifelong Lexington resident and a very longtime volunteer. Mr. Sandeen noted that Board received a note from someone asking about the recruitment process for the Affordable Housing Trust. That person also requested that applicants may find it helpful to have a definition of affordable housing. One of the suggestions was that the Affordable Housing Trust advise the Board to appoint one person living in affordable housing. The Board encouraged in the newsletter recruitment post that the Affordable Housing will be seeking individuals who have sustainability, racial equity, and accessibility experience; also, affordable housing advocates, realtors, property managers, bankers, and lawyers; as well as developers and architects. He hopes that this can be broadened. DOCUMENTS: Correspondence Secretary Report - January 9, 2023 TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Malloy noted that he received an updated Green Vehicle, EV, Electrification Policy from the Sustainability and Resilience Officer. Changes may also need to be made to the Fossil Fuel bylaw. He stated that the Board likely needs to have a discussion regarding House Bill 4876, which would allow the Board to continue to have remote/hybrid meetings. This Bill may not be adopted in time for this year’s annual Town Meeting. DOCUMENTS: 12-30-22 Weekly Update, 1-6-23 Weekly Update CONSENT AGENDA 1. 2023 Automatic Amusement Device License Renewals To approve the 2023 Annual Automatic Amusement Device License Renewals for the following business: AUTOMATIC AMUSEMENT DEVICE (2) Lexington Lodge #2204 B.P.O.E. - 959 Waltham Street 2. 2023 Class II License Renewals To approve the 2023 Annual Class II License Renewals for the following businesses: CLASS II Auto and Diesel Sales - 75 Westview Street Auto Engineering - 436 Marrett Road Lexington Auto Sales - 542 Massachusetts Avenue 3. 2023 Common Victualler License Renewals To approve the 2023 Annual Common Victualler License Renewals for the following businesses: COMMON VICTUALLER Abbott's Frozen Custard - 1853 Massachusetts Avenue Aloft Lexington - 727 Marrett Road Avenue Deli - 1806 Massachusetts Avenue Element Lexington - 727 Marrett Road Fruitee Yogurt - 1707 Massachusetts Avenue, Unit 5 Great Harvest Bakery & Cafe - 233 Massachusetts Avenue Knights of Columbus Members Association Inc. - 177 Bedford Street Lexington Lodge #2204 B.P.O.E. - 959 Waltham Street Nick's Restaurant of Lexington Inc. - 197 Massachusetts Avenue Pine Meadows Golf Club - 255 Cedar Street Rancatore's Ice Cream and Yogurt - 1752 Massachusetts Avenue Starbucks Coffee #7553 - 60 Bedford Street The Hangar - 103 Hartwell Avenue 4. 2023 Entertainment License Renewals To approve the 2023 Annual Entertainment License Renewals for the following businesses: ENTERTAINMENT Aloft Lexington - 727 Marrett Road Element Lexington - 727 Marrett Road Starbucks Coffee #7553 - 60 Bedford Street Thai Room - 182 Bedford Street 5. 2023 Innholder License Renewals To approve the 2023 Annual Innholder License Renewals for the following businesses: INNHOLDER Aloft Lexington - 727 Marrett Road Element Lexington - 727 Marrett Road 6. Select Board Committee Resignations  Richard Bair – Tax Deferral and Exemption Study Committee To accept the resignation of Richard Bair from the Tax Deferral and Exemption Study Committee effective immediately.  Karthik Ramanathan - Tourism Committee To accept the resignation of Karthik Ramanathan from the Tourism Committee effective immediately. DOCUMENTS: Resignation Letter - R. Bair, Resignation Letter - K. Ramanathan th 7. Approve and Sign Proclamation – Alfred K. Balon's 100 Birthday To approve and sign a proclamation in recognition of Alfred K. Balon's 100th birthday. DOCUMENTS: 2023 Alfred K. Balon's 100th Birthday Proclamation 8. Approve Select Board Meeting Minutes  November 16, 2022 FY2024 Budget Summit III  November 30, 2022 Department Budget Presentations  December 1, 2022 Department Budget Presentations  December 5, 2022 Select Board  December 6, 2022 Department Budget Presentations To approve and release the following meeting minutes: November 16, 2022 FY2024 Budget Summit III; November 30, 2022 Department Budget Presentations; December 1, 2022 Department Budget Presentations; December 5, 2022 Select Board; December 6, 2022 Department Budget Presentations DOCUMENTS: DRAFT 11162022-Budget Summit III, DRAFT 11302022_Dept Budget Presentations, DRAFT 12012022_Dept Budget Presentations, DRAFT 12052022 Select Board, DRAFT 12062022_DeptBudget VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Application: Common Victualler License - The Vintage Tea and Cake Company LLC, 21 Muzzey Street Ms. Hai stated that the Select Board is being asked to approve a request for a Common Victualler License for The Vintage Tea and Cake Company LLC, 21 Muzzey Street for the hours of 9:00am to 5:00pm Monday through Friday, and 9:00am to 7:00pm Saturday and Sunday, for seating in a new restaurant. The applicant has worked with the Department of Public Health, Building Department and Zoning Department for their respective required permits and inspections. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve a Common Victualler License for The Vintage Tea and Cake Company LLC, 21 Muzzey Street for the hours of 9:00am to 5:00pm Monday through Friday and 9:00am to 7:00pm Saturday and Sunday for seating in a new restaurant. 2. Presentation - Proposed Bill Naming Route 2 Bridge After Former Selectman Hank Manz Rep. Ciccolo stated that she is proposing a Bill to name the Route 2 overpass bridge for former Selectman Hank Manz. The bridge will be under construction starting in the spring, and it is expected to take a couple of years for the project to be finished. The deadline to file the bill is January 20, 2023. The Board thanked Rep. Ciccolo for the presentation and wished her well in this process. DOCUMENTS: DRAFT - An Act to Designate a Certain Bridge in the Town of Lexington... 3. Update on Stormwater Enterprise Fund John Livsey, Town Engineer, explained that the intent is to develop a credit policy. Options will be laid for stakeholders and feedback will be received to help develop the credit policy. The Board can choose to move forward with the credit policy before this feedback is received if it so chooses. He noted that the Board can also choose if it would like to pursue an underride for the first year of the implementation of the budget for the stormwater utility. Emily Scerbo, Tighe & Bond, explained that her company worked with Town staff to come up with an inclusive stormwater planning budget of approximately $2.6M. She stated that the Board chose to move forward with a three-tiered system with a cap, where the largest residential properties with over 7,000 s.f. of impervious area will be treated more like non-single-family residential parcels. For those parcels and non-single-family residential parcels, the impervious area on those lots is divided by the Equivalent Residential Unit (ERU), or 3,150 s.f. of impervious cover. This fee is intended to be charged to all properties, even tax-exempt, State, and federal properties. After the last meeting with the Board, a customer impact memorandum was drafted. Christina Conchilla, Raftelis, stated that the Town owns approximately 1,000 properties. 170 of those are developed with impervious area, totaling approximately 4.3M s.f. of impervious. This represents just over 1,500 ERUs and a fee of just over $235,000. The Town can choose to either bill itself and pay for that $235,000 via the General Fund, or the Town can exempt its own properties from receiving the Stormwater Enterprise fee. This decision will have a large impact on the rates that customers will be paying. If the Town decides to charge iteself for the Stormwater Enterprise fee, the preliminary ERU annual fee will be reduced by about 8%. She noted that the Town does not generate its own money. Any money paid towards this Stormwater Enterprise fee would be coming from the General Fund and would still essentially be paid for by citizens via their taxes. There was discussion that this was needed to incentivize the Town to reduce its own impervious area, similar to its citizens. One objective of this Stormwater Enterprise Fund was to remove all funding for the Stormwater Program from the General Fund and to create a stable, independent revenue source. Ms. Scerbo stated that the group has been working to create a public outreach strategy. If there were to be a suspected error in the impervious area mapping, there will be a process after the fee is adopted for the Engineering Department to review it with the property owner and adjust, if need be. Stakeholder workshops are planned in January and February. The largest property owners, mostly nonresidential property owners, could potentially be subject to a larger fee. There will likely be two articles addressed at fall Town Meeting, one to establish the Stormwater Enterprise Fund, and the second is for Town Counsel to work on a general bylaw update. The general bylaw would lay out all of the various policy decisions and establish a procedure for the Select Board to approve rates and a budget each year. In response to a question from Ms. Barry, Ms. Conchilla stated that the Town is subject to the National Pollutant Discharge Elimination System, MS-4 Permit. Other entities within the Town, and people who are doing new development or improved development, are subject to those same rules and regulations. People who have constructed stormwater treatment devices would be able to apply for a credit program to get around paying this fee. The Town has to raise $2.5M, so for the more people there are who receive credits, the people who do not will have to pay a higher rate. Mr. Sandeen stated that, after the last presentation to the Board on this item, he contacted the MMA Policy Committee on Energy and Environment for a presentation on best practices in Massachusetts for Stormwater Enterprise Funds. The experts brought in strongly recommended that Lexington implement a Stormwater Enterprise Fund. Mr. Pato echoed that the Town has a significant $2.5M budget with which to do the required stormwater mitigation. Moving this to a Stormwater Enterprise Fund is a much better way for the Town to cope with the pressure on the budget in the future. Ms. Barry stated that her concern is that no one is disproportionately taken advantage of through this fee. This speaks to the communications plan and the proposed credit plan. Ms. Hai stated that leaving this in the General Fund burdens everyone, regardless of how much someone had potentially done to reduce their stormwater runoff. Mr. Sandeen stated that the MMA Policy Committee on Energy and Environment presentation strongly recommended that municipal properties not be exempt from this policy. He stated that he believes the Town should live under the same rules as all other property owners. The Town should have the same incentives to calculate and reduce impervious areas as the rest of property owners. He stated that he believes this should be implemented in a way that is revenue neutral in the first year. He stated that he also supports the creation of a credit process. Mr. Pato stated that he believes municipal properties should be exempt. Municipal properties do not pay the property tax and are motivated through other reasons to reduce impervious surface. He agreed that this should be revenue neutral in the first year, likely using an underride. He stated that he would also like to see a credit policy developed. Mr. Lucente stated that he believes the Town should be treated the same as other property owners. The Town should be accountable for how much it uses and how much that changes over time. He stated that he would like to see the credit policy pursued. He would also like to determine what the administrative burden for things such as handling appeals, and credit applications, will be. He agreed with making this revenue neutral for the first year, likely using an underride. Mr. Livsey noted that the Town does not have a database available to pre-credit all the parcels in Town. Mr. Lucente stated that he would like to see a proactive approach to the credit policy. Mr. Lucente noted that he would like to receive information from stakeholders regarding the credit policy. He would also like to understand what other communities use for credit policies. Ms. Scerbo noted that there are a wide range of credit options available. Some of these create an enormous administrative burden if there are too many credits available. Mr. Pato stated that he would like to see draft options for credit policies taken to stakeholders before a final decision is made. Ms. Barry agreed that the municipality should be treated similarly to other property owners. She also agreed with taking draft options for the credit policy to stakeholders. Ms. Hai stated that she does not think it makes sense to take money from the General Fund to pay into the Stormwater Fund. She stated that she would like to see draft credit policies reviewed with stakeholders, after options are consultants decide the best choices. She stated that she would also support the proposed underride. DOCUMENTS: Memo, Presentation, Underride Memo, Customer Impact Memo 4. Review and Approve 5% Cost-of-Living Adjustment for Retirees Ms. Barry recused herself from this item. Ms. Hai explained that, under Chapter 269 of the Acts of 2022, the Massachusetts Legislature has allowed a one-time increase in the cost-of-living (COLA) adjustment for members of Massachusetts retirement systems for fiscal year 2023. The COLA currently in effect for FY2023 is 3%, and this change would add an additional 2%. This change may be implemented by a majority vote of the Lexington Retirement Board and the Lexington Select Board. The Lexington Retirement Board is recommending this increase for members of the Lexington retirement system and is seeking Select Board approval. Ms. Kosnoff stated that she is speaking on behalf of the Lexington Retirement Board to request an increase in the 2023 COLA for retirees. If granted, this could be retroactive to July 1, 2022. This was brought to the Appropriations Committee last Thursday, and they did not have any objections. The extra 2% being requested only applies to the COLA base, which is currently $15,000. For someone making exactly $15,000, or anyone underneath, this change would equate to $25 a month, for $300 per year in additional COLA increase. Municipal employees are not part of the Social Security System. The increase in Social Security benefits for FY23 was approximately 8.7%. The State of Massachusetts and the Mass Teachers Retirement System have already adopted this change. This would increase the Town’s total pension liability by approximately $1.3M. By 2029, the Town will have become fully funded. In response to a question from Mr. Sandeen, Ms. Kosnoff explained that the increase to COLA is just for one year, FY23 COLA being 5%, and that future fiscal years the COLA would return to 3%. Ms. Hai noted that whatever amount the Board decides on will become part of next year's base rate class and will roll forward in that sense, but this will not be an additional percentage allowed in future years. Me. Lucente noted that there appears to be an equity issue, as this has already been approved for the Teacher’s Retirement System. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0, per Chapter 269 of the Acts of 2022, to establish a cost-of-living adjustment of 5% on the base amount of $15,000 for members of the Lexington Retirement System effective for fiscal year 2023. DOCUMENTS: Retirement 5% COLA presentation - FY2023 Ms. Barry rejoined the meeting. 5. Presentation - Lexington Bike Park Proposal - 61 Burlington Street & Kinneens Park Mike O'Connor, Lexington Bicycle Advisory Committee Member, stated that there is strong community support for the proposed bike park. Approximately 30 letters of support have been received for this proposal. The potential for mountain biking in Lexington is 33% higher than the national average. A bike park will allow for natural features to be built, where riders can learn skills in a safe and progressive manner. The first choice for land for this proposal park would be adjacent to Kinneens Park/61 Burlington Street. In response to a question from Ms. Barry regarding safety and accessibility for the proposed 61 Burlington Street location, Police Chief McLean stated that he has questions regarding patrolling the area after hours and potential lighting. Fire Chief Sencabaugh noted that there may not be immediate access to the park in this location, except through private property. There could also be some issues with access due to grading. In response to a question from Ms. Barry regarding how maintenance would occur if the land happened to revert back to the Town and if the maintenance will be additional work for the Department of Public Works, it was noted that the Keene, NH invested no dollars in maintenance of their Bike Park after two years. A good builder would help to minimize the amount of maintenance needed, and it is expected that this work could be carried out by a group of volunteers. In response to a question from Ms. Barry, it was noted that many residents in the area near 61 Burlington Street were approached regarding this proposal. A few people were very supportive of the project, with one person concerned regarding parking. Mr. Lucente stated that this appears to be a high-quality concept. When the skatepark in Town was originally proposed, he was concerned regarding liability, but has not since heard of any large, concerning incidents there. He asked if there is any potential additional liability for a project of this type. Ms. Axtell noted that this would not be different from any of the other similar properties in Town. It was noted that the Greater Boston NEMBA does carry some supplemental insurance. Mr. Pato stated that he believes this concept is worthy of pursuing. He noted that for the Town to accept the donation of the property, it would have to be accepted by Town Meeting. Ms. Barry stated that she is not convinced this is the correct location for a bike park. She has a concern with parking in this area and potential emergency access issues. Ms. Hai echoed these concerns. Mr. O’Connor explained that this place was proposed as a potential location due to its accessibility to Lexington Center. It is hoped that many people would bike to access the park. Mr. Pato stated that he would like to hear from abutters in this area, as part of the evaluation for this location. Mr. Sandeen stated that he agreed with moving forward with this proposal. Though any location should be properly vetted, this particular location seems to be an incredible gift. Ms. Battite, Director of Recreation and Community Programs explained that, from an industry standpoint, bike parks are a growing trend, especially in landlocked communities. She noted that this location is only a 0.3-acre donation, and any expansion would require further removal of trees. There have already been parking issues reported at this location. She stated that her biggest concern is that this use could be changed in the future. The Town currently does not have staff with the expertise to inspect this kind of a park. This could also add maintenance costs. She does believe this type of a park should be pursued by the Town, though she is unsure if this is the correct location and/or timing. In response to a question from Ms. Hai regarding potential funding sources if this project is not selected for ARPA participatory budgeting, Mr. O’Connor stated that the bike park in Keene was fully funded using private donations and fundraising; a similar process would be undertaken for this project. There are also potential grants available. He noted that a professional trail builder would be used to design, review the site, and build the project. This would not be a park that allows users to go in and build features. DOCUMENTS: Proposal, Location Map, Recreation Committee Memo on Bike Park, Mike O’Connor – Lexington Bike Park Working Group Response Memo, NEMBA Letter, Letter of Support for Lexington Bike Park, Lexington Flight Yard Concept Plan 6. Approve Collective Bargaining Agreement - Lexington Crossing Guards Ms. Barry recused herself from this item. Mr. Malloy explained that this item is the crossing guard MOU discussed previously by the Board. There are four minor changes. The first is that the contract calls for a 2% annual COLA increase for each of the next three years. There's an increased clothing allowance, which covers the increased cost of boots, from $100 to $140 per year. Also, a longevity payment of $100 at 10 years, and $200 at 20 years. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 that the Board approves the MOU as negotiated between the Town of Lexington and SEIU Local 888 Lexington Crossing Guards as negotiated and included in the draft MOU approved by the Select Board and authorizing the Town Manager to execute any contracts related thereto. Ms. Barry rejoined the meeting. ADJOURN VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to adjourn the meeting at 8:55pm. A true record; Attest: Kristan Patenaude Recording Secretary